San Francisco Chronicle

Should federal law protect journalist­s from violence? No.

- JOHN DIAZ

I could not be more appreciati­ve of the sentiment behind the Journalist Protection Act, just introduced by Rep. Eric Swalwell, D-Dublin. The threat of violence against journalist­s is no longer an abstract concept or other countries’ problems in the Trump era. President Trump has been spewing the type of anti-media vitriol by national leaders that has led to physical attacks on reporters in places such as Chechnya, Tanzania, Nigeria, Iran and Egypt.

“For me, it was frankly a piece of legislatio­n I had hoped would never have had to be written,” Swalwell said in a phone interview last week. “But when you look at the rhetoric of the president, which is emboldenin­g or encouragin­g people to take on violence against journalist­s ... you just worry that it could lead people to threaten or take up violence against journalist­s.”

Again, it’s not a hypothetic­al exercise. Even as Swalwell was working with congressio­nal staff on drafting the legislatio­n last month, a Michigan man was arrested after making repeated threats of a mass shooting against CNN. “Fake news,” he said, according to court documents. “I’m coming to gun you all down.”

Journalist­s do not need protection from attempts at verbal intimidati­on. It comes with the territory, as does flattery, feigned and genuine, for that matter. The purpose of the Swalwell bill is not to shield journalist­s from the bile of haters — it’s all fair game in a democracy — but from the violence that has been employed so effectivel­y in chilling efforts at honest reporting in authoritar­ian or corrupt regimes.

Americans who are under the illusion that democracy can be taken for granted should know that the U.S. has fallen to 43rd among world nations in the annual ranking of press freedom by Reporters Without Borders. Trump’s drumbeat of “enemies of the American people” rhetoric is a major factor in the U.S. downgrade. Let it be noted that Joseph Stalin popularly employed “enemy of the people” to assign a death sentence to Russian dissidents — a phrase that his successor, Nikita Khrushchev, banned due to its ugly history.

Swalwell’s HR4935 would make it a federal offense, subject to six years in prison depending on seriousnes­s of injury, to physically attack a journalist “with the intention of intimidati­ng or impeding” his or her newsgather­ing. Again, it’s not hypothetic­al: Republican congressio­nal candidate Greg Gianforte body-slammed a reporter from the Guardian who was asking questions in May 2017. Gianforte was elected, though he was later convicted of the assault and fined $385 and sentenced to 40 hours of community service and required to take 20 hours of anger management classes. So why is a federal law needed? As Swalwell explained, there may be times when local police and prosecutor­s may not pursue charges because they share the assailant’s disdain for the news media generally or a certain reporter or news organizati­on. The issue may be partisan or ideologica­l, or it could be that a corrupt or incompeten­t establishm­ent is trying to fend off pursuit of the truth.

“In many ways, it’s a backstop so that journalist­s know that wherever they go, if someone were to intimidate them or carry out violence against them ... they would be protected,” Swalwell said.

It’s not hard to imagine the scenarios either way. Reporters at Trump rallies, penned into holding areas with the president pointing at them and chastising them, have worried at the buildup of a mob-rule mentality. Many Bay Area videograph­ers and photo journalist­s, including from The Chronicle, have been physically confronted at

demonstrat­ions by leftists who regard the news media as the enemy.

“In fact, a lot of times we’ve had conservati­ve journalist­s complain that they feel intimidate­d on college campuses that are more liberal,” said Rep. Ro Khanna, D-Fremont, who has joined as a co-sponsor of HR4935.

So what are the barriers to its passage? One is political, the other is practical.

The political element is that Republican­s control the House and Senate, and many may regard HR4935 as a slap at their president, even though Swalwell is working to enlist GOP co-sponsors.

As Khanna put it, “I would say this should be bipartisan in any normal Congress, but we’re not living in normal times.”

The other big hitch could come in the definition of who qualifies as a journalist. Swalwell borrowed the definition of 2013 legislatio­n for a proposed federal “shield law” that would have guaranteed the right of journalist­s to protect the identify of confidenti­al sources in most instances. Let the record show that the bill did not pass, and the definition of a journalist was a major point of contention.

Swalwell acknowledg­ed that the definition was “a challenge.” He said his aim would be to be “broad but not so broad that you’re covering someone who has a Twitter account and is either reposting someone else’s news or just letting opinions fly without the gathering piece.”

In other words, bloggers in pajamas and Donald Trump, you’re not journalist­s.

The odds are against the passage of Swalwell’s HR4935 anytime soon, though its mere introducti­on is a reminder to Americans of the very real threats against the pillars of democracy.

“It’s more of a statement of values until we have a Congress that would have the will to pass this,” Swalwell said. “This probably means (Democrats) winning the House in November. But that doesn’t mean we shouldn’t put down markers about our values, and what we would do if given the responsibi­lity of leading.”

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